SAGJANBAI BHAGWAT KSHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two Appellants were arraigned as the First and Second accused on the charge that on 22nd May, 2004, they had in furtherance of a common intention committed the murder of Surekha Shendage by pouring kerosene on her and setting her on fire. By his judgment dated 5th April, 2005 the Additional Sessions Judge convicted the Appellants of offenses under Section 302 read with Section 34 of the Penal Code and sentenced them to undergo life imprisonment and to pay a fine of Rs.1,000/- or in default to suffer rigorous imprisonment for three months. The Appellants have also been convicted of offences under Section 504 read with Section 34 and have been sentenced to suffer rigorous imprisonment for six months and to a fine of Rs.500/-.

(2.) The deceased, Surekha resided at Barshi together with her husband and three sons. The First Appellant Sagjanbai was the sister of Surekha's husband, Indrajit. The Second Appellant Radhabai is the daughter-in-law of the First Appellant. The accused resided in close proximity to the house of the deceased.

(3.) Two dying declarations were recorded; the first at Exhibit 39 was recorded by P.W. 9 Mohan Mule who was a Special Executive Magistrate between 5.30 and 6.30 p.m. The second dying declaration at Exhibit 20 was recorded by P.W. 2, Hari Kale, the PSI attached to the Barshi Police Station, between 7.00 p.m. and 8.00 p.m. The victim expired on 23rd May, 2004 at 2.45 a.m.